Bill Text: IL SB3562 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Hydraulic Fracturing Regulatory Act. Provides that the Director of Natural Resources shall suspend acceptance, approval, and issuance of all new permits for high volume horizontal hydraulic fracturing wells and operations or horizontal drilling wells with fracturing operations for extraction of oil, liquid natural gas, and natural gas on the effective date of this amendatory Act of the 98th General Assembly. Creates the Radioactivity in Fracturing Waste Task Force. Provides that the Task Force shall investigate and write a report outlining the effects of high volume horizontal hydraulic fracturing operations, horizontal drilling with fracturing operations for extraction of oil, liquid natural gas, and natural gas, or both in relation to TENORM and low level radioactive waste. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3562 Detail]

Download: Illinois-2013-SB3562-Introduced.html


98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3562

Introduced 2/14/2014, by Sen. Dan Kotowski

SYNOPSIS AS INTRODUCED:
225 ILCS 732/1-21 new

Amends the Hydraulic Fracturing Regulatory Act. Provides that the Director of Natural Resources shall suspend acceptance, approval, and issuance of all new permits for high volume horizontal hydraulic fracturing wells and operations or horizontal drilling wells with fracturing operations for extraction of oil, liquid natural gas, and natural gas on the effective date of this amendatory Act of the 98th General Assembly. Creates the Radioactivity in Fracturing Waste Task Force. Provides that the Task Force shall investigate and write a report outlining the effects of high volume horizontal hydraulic fracturing operations, horizontal drilling with fracturing operations for extraction of oil, liquid natural gas, and natural gas, or both in relation to TENORM and low level radioactive waste. Effective immediately.
LRB098 19568 MGM 54758 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB3562LRB098 19568 MGM 54758 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Hydraulic Fracturing Regulatory Act is
5amended by adding Section 1-21 as follows:
6 (225 ILCS 732/1-21 new)
7 Sec. 1-21. Radioactivity.
8 (a) As used in this Section:
9 "Low level radioactive waste":
10 (1) has the same meaning as the term under the Illinois
11 Low Level Radioactive Waste Management Act; and
12 (2) includes waste used in, and generated by, high
13 volume horizontal hydraulic fracturing wells and
14 operations, horizontal drilling wells with fracturing
15 operations for extraction of oil, liquid natural gas, and
16 natural gas, or both, specifically including, but not
17 limited to: all waste matter, all flowback water, produced
18 water, all flowback and produced non-water liquids, fluids
19 and other non-water matter, all drill cuttings, radium salt
20 precipitate found coating pipes, tanks, and equipment,
21 slurries, contaminated soil, soil under pits and pit
22 liners, muds, drill casings, worker protection clothing
23 and equipment. This paragraph (2) shall apply until this

SB3562- 2 -LRB098 19568 MGM 54758 b
1 waste is proven to not be low level radioactive waste by at
2 least 2 testings for radioactivity and radioactive
3 elements, using a laboratory that is accredited by the
4 federal government, and using U.S. Department of Energy
5 spectrographic protocols for radioactivity, and include at
6 minimum: testing for total gross alpha, beta and gamma
7 rays, and specialized testing for radioactive uranium-235
8 and uranium-238, thorium-232, radium-226, radium-228,
9 bismuth-214, lead-214, actinium-228, thallium-208, and
10 including radon gas, within 5 days before and 14 days after
11 the flowback period begins or the day of or day before the
12 end of flowback, if flowback ends before 9 days, and within
13 5 days before or 65 days after the flowback period ends.
14 "Radiation" includes alpha rays, beta rays, gamma rays,
15X-rays, neutrons, high-speed electrons, high-speed protons,
16and other atomic particles. "Radiation" does not include sound
17or radio waves, visible light, or infrared or ultraviolet
18light, as defined in 29 C.F.R. 1910.1096(a)(1).
19 "Radioactive matter" means any material which emits, by
20spontaneous nuclear disintegration, corpuscular or
21electromagnetic emanations, as defined in 29 C.F.R.
221910.1096(a)(2).
23 "TENORM" or "Technologically Enhanced Naturally Occurring
24Radioactive Material" means:
25 (1) a naturally occurring radioactive material whose
26 radionuclide concentrations are increased by or as a result

SB3562- 3 -LRB098 19568 MGM 54758 b
1 of past or present human practices;
2 (2) waste used in and generated by high volume
3 horizontal hydraulic fracturing wells and operations,
4 horizontal drilling wells with fracturing operations for
5 extraction of oil, liquid natural gas, and natural gas, or
6 both, specifically including: all waste matter, all
7 flowback water, produced water, all flowback and produced
8 non-water liquids, fluids and other non-water matter, all
9 drill cuttings, radium salt precipitate found coating
10 pipes, tanks, and equipment, slurries, contaminated soil,
11 soil under pits and pit liners, muds, drill casings, worker
12 protection clothing and equipment. This paragraph (2)
13 shall apply until this waste is proven to not be TENORM by
14 at least 2 testings for radioactivity and radioactive
15 elements, using a laboratory that is accredited by the
16 federal government, and using U.S. Department of Energy
17 spectrographic protocols for radioactivity, and include at
18 minimum: testing for total gross alpha, beta and gamma
19 rays, and specialized testing for radioactive uranium-235
20 and uranium-238, thorium-232, radium-226, radium-228,
21 bismuth-214, lead-214, actinium-228, thallium-208, and
22 including radon gas, within 5 days before and 14 days after
23 the flowback period begins or the day of or day before the
24 end of flowback, if flowback ends before 9 days, and within
25 5 days before or 65 days after the flowback period ends;
26 and

SB3562- 4 -LRB098 19568 MGM 54758 b
1 (3) radioactivity that is brought up in waste by high
2 volume horizontal hydraulic fracturing wells and
3 operations, horizontal drilling wells with fracturing
4 operations for extraction of oil, liquid natural gas, and
5 natural gas, or both.
6 "TENORM" does not include background radiation or the
7natural radioactivity of rocks or soils or source material or
8byproduct material as those terms are defined in the federal
9Atomic Energy Act of 1954 (AEA 42 USC 2011 et seq.) and
10relevant regulations implemented by the Conference of
11Radiation Control Program Directors.
12 (a-5) In addition to the applicability under Section 1-20,
13this Section applies to all activities surrounding and
14including (1) high volume horizontal hydraulic fracturing
15wells and operations, (2) horizontal drilling wells with
16fracturing operations for extraction of oil, liquid natural
17gas, and natural gas, or (3) both.
18 (b) The Director shall suspend acceptance, approval, and
19issuance of all new permits for high volume horizontal
20hydraulic fracturing wells and operations, and horizontal
21drilling wells with fracturing operations for extraction of
22oil, liquid natural gas, and natural gas under this Act, the
23Illinois Oil and Gas Act, and any other law, on the effective
24date of this amendatory Act of the 98th General Assembly.
25 (b-5) All waste water, fluids, and waste debris, as defined
26in paragraph (2) of the definition of TENORM under subsection

SB3562- 5 -LRB098 19568 MGM 54758 b
1(a) of this Section, shall be treated as TENORM, until all
2tests under paragraph (2) of the definition of TENORM under
3subsection (a) of this Section show that the tested material is
4below the thresholds for TENORM and low level radioactive
5waste, as determined by the Illinois Emergency Management
6Agency.
7 (b-10) All material listed in paragraph (2) of the
8definition of TENORM or paragraph (2) of the definition of low
9level radioactive waste used in and generated by high volume,
10horizontal hydraulic fracturing operations or horizontal
11drilling with fracturing operations for extraction of oil,
12liquid natural gas, and natural gas shall be handled at all
13times according to the requirements of the Illinois Low-Level
14Radioactive Waste Management Act and all other applicable State
15and federal laws and regulations governing TENORM, low level
16radioactive waste, and radioactive matter.
17 (b-15) A permit holder may apply to the Illinois Emergency
18Management Agency for exemption from one or more of the
19requirements of this Section if the permit holder shows that
20the specific type of material sought for exemption is
21determined to be below the thresholds for TENORM and low level
22radioactive waste by the minimum scientific testing protocol
23requirements as defined in this Section, and the procedures
24defined in subsections (b-10), (b-15), (b-20), and (b-25) of
25this Section are met. To apply for an exemption, the permit
26holder shall obtain the minimum required scientific testing

SB3562- 6 -LRB098 19568 MGM 54758 b
1protocols specified in subsections (b-10), (b-15), (b-20), and
2(b-25) of this Section for the materials sought to be exempted
3from these mandates, at the permit holder's own expense. The
4Illinois Emergency Management Agency shall make the
5determination as to whether the exemption should be granted
6based on the test results. The permit holder shall request that
7the laboratories send all testing results directly to the
8Illinois Emergency Management Agency. The Illinois Emergency
9Management Agency shall then notify the Department of Natural
10Resources of its determination regarding the permit holder's
11request for an exemption. The Department of Natural Resources
12shall implement and enforce the determination and directives
13set by the Illinois Emergency Management Agency governing any
14exemptions granted.
15 (b-20) The Illinois Emergency Management Agency shall make
16all determinations as to sufficiency of the required testing
17and as to the content of all directives that result from this
18testing for the labeling, management, transportation,
19treatment, disposal, handling, federal occupational safety
20laws or rules, and public health notifications for the tested
21materials. These determinations by the Illinois Emergency
22Management Agency shall be final and must be accepted and
23implemented in full by the Department of Natural Resources.
24 (b-25) All test results from the testing of TENORM and low
25level radioactive waste shall be returned from the testing
26laboratories directly to the Illinois Emergency Management

SB3562- 7 -LRB098 19568 MGM 54758 b
1Agency. The Illinois Emergency Management Agency shall
2determine whether the tested material is below the thresholds
3for TENORM and low level radioactive waste. Upon an affirmative
4determination that the specific type of material sought for
5exemption is below the thresholds for TENORM and low level
6radioactive waste, the Director of the Illinois Emergency
7Management Agency may exempt the permit holder from one or more
8of the requirements of this Section.
9 (c) This Act and its rules shall be construed together with
10the Illinois Low-Level Radioactive Waste Management Act, the
11Central Midwest Interstate Low-Level Radioactive Waste
12Compact, and all other applicable State and federal laws and
13rules governing radioactive matter.
14 (d) The Radioactivity in Fracturing Waste Task Force is
15hereby created with the following members:
16 (1) two members appointed by the Director of the
17 Illinois Emergency Management Agency;
18 (2) one member appointed by the Director of Natural
19 Resources;
20 (3) one member appointed by the Director of the
21 Groundwater Advisory Council established under the
22 Illinois Groundwater Protection Act;
23 (4) one member appointed by the Illinois Environmental
24 Protection Agency;
25 (5) one member appointed by the Department of Public
26 Health who shall serve as chairperson of the Task Force;

SB3562- 8 -LRB098 19568 MGM 54758 b
1 and
2 (6) one member appointed by the Illinois Department of
3 Labor, with a working knowledge of federal occupational
4 safety laws or rules for working with and around
5 radioactivity.
6 (e) Members of the Radioactivity in Fracturing Operations
7Task Force shall be appointed within 60 days after the
8effective date of this amendatory Act of the 98th General
9Assembly. The Radioactivity in Fracturing Operations Task
10Force shall:
11 (1) meet at least once a month, either in person or
12 through video conferencing or other technology via the
13 Internet;
14 (2) operate without pay, but with all expenses paid for
15 the functioning of the Radioactivity in Fracturing
16 Operations Task Force to be allocated by the Illinois
17 Emergency Management Agency;
18 (3) provide a fully researched report as described in
19 this Section;
20 (4) hold at least 3 public hearings throughout this
21 State to discuss these issues and solicit input from the
22 public;
23 (5) recommend amendments to this Act necessary to
24 conform this Act to the Low-Level Radioactive Waste
25 Management Act and its related administrative rules, and
26 all other existing State and federal laws concerning

SB3562- 9 -LRB098 19568 MGM 54758 b
1 radioactivity and protection of workers from
2 radioactivity; this set of recommended amendments and
3 rules shall include the process of review of laboratory
4 testing, the process of allowing exemptions, the written
5 directives by the Illinois Emergency Management Agency for
6 the labeling, management, transportation, treatment,
7 disposal, handling, applicable federal occupational safety
8 laws or rules, and public health notifications for the
9 tested radioactive materials, the implementation, and
10 enforcement of the Illinois Emergency Management Agency
11 written review and directives by the Department of Natural
12 Resources, and the well operator notification of these
13 directives and enforcement procedures;
14 (6) recommend a complete set of rules based on the
15 Conference of Radiation Control Program Directors' (A)
16 model regulation for TENORM and (B) Part N of "Suggested
17 State Regulation on Control of Radiation";
18 (7) recommend a complete set of rules for the
19 protection of every person handling any matter used or
20 generated in and by high volume, horizontal hydraulic
21 fracturing operations, horizontal drilling with fracturing
22 operations for extraction of oil, liquid natural gas, and
23 natural gas, or both at the minimum requirements as set
24 forth in 29 C.F.R. 1910.1096; these recommended rules shall
25 include penalties for any person, corporation, or other
26 entity who requires as a condition of employment, forces,

SB3562- 10 -LRB098 19568 MGM 54758 b
1 coerces, enters into an oral or written contract for the
2 procurement of, or otherwise obtains or attempts to obtain
3 any less protective worker protection measures than the
4 minimum as provided in 29 C.F.R. 1910.1096, including
5 through, by, from, or with any subcontractor or subsidiary
6 corporation, of a Class 4 felony and fines of up to
7 $1,000,000 per day per violation per individual or entity;
8 the rules shall also include provision for an interested
9 person to apply to the circuit court for issuance of an
10 injunction to enforce compliance, with damages and
11 attorney's fees;
12 (8) fully investigate any and all adverse effects of
13 high volume hydraulic fracturing operations, horizontal
14 drilling with fracturing operations, or both with regard
15 to:
16 (A) the oil and natural gas wells, Class II
17 injection wells, the industry infrastructure and
18 pipelines and their effects and potential risks to
19 human health and the environment from TENORM and low
20 level radioactive waste used in and generated by (i)
21 high volume horizontal hydraulic fracturing
22 operations, (ii) horizontal drilling with fracturing
23 operations for extraction of oil, liquid natural gas,
24 and natural gas, or (iii) both;
25 (B) the environmental and public health effects of
26 TENORM and low level radioactive waste used in and

SB3562- 11 -LRB098 19568 MGM 54758 b
1 generated by spillage, leakage, fires, or blowouts of
2 oil, liquid natural gas, and natural gas, its
3 containment, processing infrastructure, and
4 transportation infrastructure in (i) high volume
5 horizontal hydraulic fracturing operations, (ii)
6 horizontal drilling with fracturing operations for
7 extraction of oil, liquid natural gas, and natural gas,
8 or (iii) both;
9 (C) the environmental and public health effects of
10 TENORM and low level radioactive waste used in and
11 generated by spillage or leakage from open fracturing
12 waste pits during (i) high volume horizontal hydraulic
13 fracturing operations, (ii) horizontal drilling with
14 fracturing operations for extraction of oil, liquid
15 natural gas, and natural gas, or (iii) both;
16 (D) the environmental damage and public health
17 effects of TENORM and low level radioactive waste used
18 in or generated by (i) high volume horizontal hydraulic
19 fracturing operations, (ii) horizontal drilling with
20 fracturing operations for extraction of oil, liquid
21 natural gas, and natural gas, or (iii) both of
22 spillage, leakage, fires, or blowouts of hydraulic
23 fracturing or fracturing fluids, chemicals, proppants
24 and byproducts, its containment, processing
25 infrastructure, and transportation infrastructure;
26 (E) the environmental damage and public health

SB3562- 12 -LRB098 19568 MGM 54758 b
1 effects of TENORM and low level radioactive waste used
2 in or generated by (i) high volume horizontal hydraulic
3 fracturing operations, (ii) horizontal drilling with
4 fracturing operations for extraction of oil, liquid
5 natural gas, and natural gas, or (iii) both, to water
6 resources and water sheds;
7 (F) the recommended documentation of the federal
8 Department of Energy testing protocols for radioactive
9 matter used in or generated by (i) high volume
10 horizontal hydraulic fracturing operations, (ii)
11 horizontal drilling with fracturing operations for
12 extraction of oil, liquid natural gas, and natural gas,
13 or (iii) both;
14 (G) the recommended comprehensive documentation
15 system and permanent retention of all documentation
16 for tracking all TENORM and low level radioactive waste
17 used in or generated by (i) high volume horizontal
18 hydraulic fracturing operations, (ii) horizontal
19 drilling with fracturing operations for extraction of
20 oil, liquid natural gas, and natural gas, or (iii)
21 both, from drilling site to transport to its
22 disposition;
23 (H) recommended best practices for radon monitors
24 during (i) high volume horizontal hydraulic fracturing
25 operations, (ii) horizontal drilling with fracturing
26 operations for extraction of oil, liquid natural gas,

SB3562- 13 -LRB098 19568 MGM 54758 b
1 and natural gas, or (iii) both; if radon is found to be
2 released from (i) high volume horizontal hydraulic
3 fracturing operations, (ii) horizontal drilling with
4 fracturing operations for extraction of oil, liquid
5 natural gas, and natural gas, or (iii) both, in large
6 quantities, then recommendations for precautions for
7 workers and residents should be given;
8 (I) best practices regarding the burning and
9 flaring of radon in large quantities;
10 (J) recommendations for testing natural gas,
11 liquid natural gas, and oil produced in this State for
12 radon, and recommendations if the test shows high
13 amounts of radon at the wellhead;
14 (K) recommendations for best practices for
15 hand-held radiation monitors on the site of (i) high
16 volume horizontal hydraulic fracturing operations,
17 (iii) horizontal drilling with fracturing operations,
18 or (iii) both and dosimeters worn by the workers to
19 measure for Total Gamma and Total Beta as a general
20 alert, as well as radon monitors worn by the workers,
21 and for compliance with federal occupational safety
22 laws or rules if the monitors and dosimeters exceed
23 acceptable limits, and the radioactivity testing of
24 fracturing waste is reported with results that dictate
25 compliance with all federal occupational safety laws
26 or rules for radioactivity in the work place; and

SB3562- 14 -LRB098 19568 MGM 54758 b
1 (L) recommendations for implementation of the
2 testing of all fracturing waste, and the regulatory
3 framework under this Act, and recommendations for the
4 communication and timely follow up of testing of all
5 fracturing waste, and recommendations for the
6 determinations of methods of labeling, management,
7 transportation, treatment, disposal, handling, federal
8 occupational safety laws or rules, and public health
9 notifications described in this Act, by and between the
10 appropriate personnel at the Illinois Emergency
11 Management Agency and the Department.
12 (f) The Task Force shall investigate and write a report
13outlining the effects of (i) high volume horizontal hydraulic
14fracturing operations, (ii) horizontal drilling with
15fracturing operations for extraction of oil, liquid natural
16gas, and natural gas, or (iii) both, in relation to TENORM and
17low level radioactive waste, to be submitted to the General
18Assembly, the Governor, the Task Force on Hydraulic Fracturing
19Regulation, the Illinois State Water Survey, the Illinois
20Emergency Management Agency, the Department of Natural
21Resources, the Groundwater Advisory Council established under
22the Illinois Groundwater Protection Act, the Illinois
23Environment Protection Agency, the Illinois Groundwater
24Association, the Department of Public Health, and to the public
25via the website of the Illinois Emergency Management Agency and
26the website of Department of Natural Resources, which shall

SB3562- 15 -LRB098 19568 MGM 54758 b
1include recommendations and conclusions about:
2 (1) the recommended rules and amendments to this Act
3 described under paragraphs (5), (6), and (7) of subsection
4 (e);
5 (2) the risks of drilling and extracting oil, liquid
6 natural gas, and natural gas in relation to TENORM and low
7 level radioactive waste;
8 (3) the risks of drilling and operating Class II
9 injection wells for oil, liquid natural gas, and natural
10 gas waste disposal in relation to TENORM and low level
11 radioactive waste;
12 (4) the use of high volume horizontal hydraulic
13 fracturing operations or horizontal drilling with
14 fracturing operations waste or wastewater open pits in
15 relation to TENORM and low level radioactive waste, and the
16 public health and environmental effects of the use of that
17 waste;
18 (5) the risks of spillage and leakage resulting in
19 water contamination from oil, liquid natural gas, and
20 natural gas wells and operations in relation to TENORM and
21 low level radioactive waste;
22 (6) bonding requirements for infrastructure in
23 relation to TENORM and low level radioactive waste from (A)
24 high volume horizontal hydraulic fracturing operations,
25 (B) horizontal drilling with fracturing operations for
26 extraction of oil, liquid natural gas, and natural gas, or

SB3562- 16 -LRB098 19568 MGM 54758 b
1 (C) both;
2 (7) insurance requirements for infrastructure in
3 relation to TENORM and low level radioactive waste during
4 (A) high volume horizontal hydraulic fracturing
5 operations, (B) horizontal drilling with fracturing
6 operations for extraction of oil, liquid natural gas, and
7 natural gas, or (C) both;
8 (8) best practices for the oil and natural gas industry
9 in relation to TENORM and low level radioactive waste; and
10 (9) any and all additional recommendations related to
11 TENORM and low level radioactive waste for the oil and
12 natural gas industry and its (A) high volume horizontal
13 hydraulic fracturing operations, (B) horizontal drilling
14 with fracturing operations for extraction of oil, liquid
15 natural gas, and natural gas, or (C) both.
16 (g) The report shall include recommendations to the General
17Assembly and the Governor for legislation to protect the public
18health, safety, and welfare and the environment of this State
19from any adverse effects of blowouts, spillage, leakage, and
20damages associated with high volume horizontal hydraulic
21fracturing operations or horizontal drilling with fracturing
22operations, wells, drilling, Class II injection wells, waste
23and waste water containment, transportation including,
24trucking accidents and hazmat emergency planning, pipelines,
25infrastructure, chemicals, proppants, and byproducts, in
26relation to TENORM and low level radioactive waste.

SB3562- 17 -LRB098 19568 MGM 54758 b
1 (h) The Task Force shall submit this report on or before
2July 1, 2015. The Task Force shall be dissolved on January 1,
32016.
4 (i) This Section is repealed on January 31, 2016.
5 Section 99. Effective date. This Act takes effect upon
6becoming law.
feedback